Patna High Court
Md Rohan @ RohanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that regular bail could not be granted given the serious nature of the allegations and the petitioner’s relationship to the deceased.
Summary
The petitioner, Md Rohan, sought regular bail in a case (Kishanganj PS Case No. 511 of 2025) involving alleged offences under Sections 103(1), 80(2) and 61(2) of the Bharatiya Nyaya Sanhita, where the FIR alleged that he and other accused killed the sister of an informant over a dowry demand. Rohan contended that he was the husband of the deceased, was falsely implicated due to a family dispute, had no dowry demand, and that the deceased had committed suicide. The State opposed the bail, emphasizing the seriousness of the allegations and the fact that the petitioner was the husband of a woman who died under unnatural circumstances within seven years of marriage. The Court, after considering the nature of the accusation, rejected the petition for regular bail. However, the Court directed the trial court to expedite the trial and conclude it preferably within one year from receipt of the order.
Issues considered
- Whether regular bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita in a case involving alleged dowry‑related homicide.
- Whether the petitioner’s claim of false implication and clean antecedents outweighs the seriousness of the charges.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 61(2), 80(2)
Subjects
- regular bail
- dowry death
- murder
- Bharatiya Nyaya Sanhita
- criminal procedure
- trial expeditious
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2640 of 2026
Arising Out of PS. Case No.-511 Year-2025 Thana- KISHANGANJ District- Kishanganj
======================================================
Md Rohan @ Rohan S/O Md Islam @ Islam R/O Vill.- Khagra Machhmara,
Thana - Kishanganj, District- Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan, Advocate
For the Opposite Party/s : Mrs. Rina Sinha, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in connection with
Kishanganj P. S. Case No. 511 of 2025 registered for the
offences punishable under Sections 103(1), 80(2), 61(2) of the
Bharatiya Nyaya Sanhita.
3. As per F.I.R., all the named accused persons,
including this petitioner, killed the sister of informant due to
non-fulfillment of demand of dowry.
4. Learned counsel for the petitioner submits that
petitioner is husband of the deceased and he has falsely been
implicated in this case due to family dispute. Petitioner never
demanded any dowry nor harassed her. As a matter of fact,
deceased herself committed suicide as she was unhappy with
Patna High Court CR. MISC. No.2640 of 2026(2) dt.13-02-2026
2/2
her marriage. Petitioner claims clean antecedent and is in
custody since 13.9.2025.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation and the fact
that petitioner is husband of the deceased who died in unnatural
circumstances within seven years of marriage, prayer for regular
bail of the petitioner is rejected.
7. However, since petitioner is in custody since
13.9.2025, Trial Court is directed to expedite and conclude the
trial, preferably, within a period of one year from the date of
receipt/production of copy of this order.
(Prabhat Kumar Singh, J)
Navya/-
U T
Checking your session…